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GARCIA v. GARZA

Civ. A. No. L-89-45.

729 F.Supp. 553 (1989)

Enrique GARCIA, Petitioner, v. Juan GARZA, Sheriff of Webb County, Texas, Respondent.

United States District Court, S.D. Texas, Laredo Division.

December 18, 1989.

Attorney(s) appearing for the Case

Oscar J. Pena Sr., Laredo, Tex., for Enrique Garcia.

Jose M. Rubio, Jr., Dist. Atty., Laredo, Tex., for Juan Garza.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Pending is Enrique Garcia's petition for writ of habeas corpus. Garcia is being held in custody awaiting trial on two charges arising from an episode that occurred in September 1984. The State charges that Garcia killed Police Officer David Serna and attempted to kill Police Officer Victor Ayala.

Garcia was indicted and tried for capital murder of Serna, but found guilty by a jury only of voluntary manslaughter...

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